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GALVIN v. JENNINGS

No. 13443.

289 F.2d 15 (1961)

Joseph GALVIN, Appellant, v. William H. JENNINGS, individually and trading as Poison Pete's Tavern.

United States Court of Appeals Third Circuit.

Decided April 6, 1961.

Attorney(s) appearing for the Case

Donald J. Farage, Philadelphia, Pa., for appellant.

William J. McGovern, Newton, N. J. (Mackerley & Friedman, Newton, N. J., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and FORMAN, Circuit Judges.

GOODRICH, Circuit Judge.

This is a tort case in which the District Court for the District of New Jersey gave judgment for the defendant on the ground that the complaint failed "to state a cause upon which relief may or can be granted." At this stage, of course, the complaint "must be viewed in the light most favorable to the plaintiff." Frederick Hart & Co. v. Recordgraph Corp., 3 Cir., 1948, 169 F.2d 580, 581. The case is in...

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